With tenants and rental property, it’s likely that you’ll have to evict a tenant, sooner or later, either because the tenant has not paid his rent or strange because people keep visiting him at odd hours of the night . Whatever the reason, the tenant has not lived up to the terms of the lease and you want him out. The question is, how do you go about expelling him?

First, remember that the laws of your state may require different procedures to the general council in this post, in order to familiarize themselves with the rules in your area and you get a good lawyer - preferably one who specializes in landlord / tenant disputes.

With the Legal Notice of things the way, let’s see some action for eviction being implemented in many states. As the real estate law section of FreeAdvice.com said: “The process of eviction is a very fast compared with other types of legal action. The trade off is that the landlord must do everything exactly right.”

Step 1: Notify - The first step is to give notice to the tenant. Such advice can take many forms.

a. Non-payment of the rent - if the tenant has violated the lease provision that talks about paying the rent on time, you tend to send a “pay rent or quit smoking” warning that says you will begin the process of eviction if the violation is not cured within a specified number of days. That’s just an elegant way of saying pay or ship out.

b. Violation of rules of occupation - if the tenant has violated any rules of occupation, such as housing for people who are not on the lease, you can send a notice of eviction under current legislation, even if not explicitly named in the lease. However, as with the rent due, you may have to give a specific number of days to correct the problem before proceeding with the eviction. Best bet is to consult a lawyer.

c. Without notice - In some states, can give notice of eviction for any reason without giving the tenant an opportunity to “cure the violation.” You send this type of notice when you do not want the tenant to fix the problem, what he wants. Again, consult a good lawyer to see what the laws of your state say.

Step 2: file action in court - If you submitted the required legal notice and the tenant has not yet fixed the problem within the specified number of days, then it’s time to file an eviction action in court. Depending on where you live, the presentation of an action may be as simple as filling out a form online or may require a personal appearance in court. In any case, once the tenant is served, which usually has a certain number of days in which to respond before further steps are taken.

Step 3: Fight or flight - if the tenant does not respond to the action of eviction in the allotted time, and then receive a sentence in absentia in his favor. If the tenant combat action, then you’re on their way to court. If you have not found a good lawyer, however, now is the time.

Step 4: Getting with eviction - If the court decides in your favor, the next step is to contact the local sheriff’s department to enforce the ruling. Resist the temptation to change the locks or remove the tenant of personal property. Taking matters into their own hands almost certain to land in trouble. On the contrary, let the Sheriff’s Department do their job. They are going to publish a notice on the door and remove the tenant belongings after waiting for the appropriate period of time. That’s when it’s time to call the locksmith.

Therefore, what is the bottom line? Know the laws of your state before starting an eviction or better yet, find a good lawyer who no longer. And do not wait for an eviction before doing so. This is an area that is better prepared for the worst instead of hoping for the best.